Decided

No. 17-1618

Gerald Lynn Bostock v. Clayton County, Georgia

from the United States Court of Appeals for the Eleventh Circuit

See other cases from the Eleventh Circuit.

Docket Entries

JUDGMENT ISSUED.

Judgment REVERSED and case REMANDED (Affirmed in No. 17-1623). Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Alito, J., filed a dissenting opinion, in which Thomas, J., joined. Kavanaugh, J., filed a dissenting opinion. (Opinion also for No. 18-107). VIDED.

Support of amicus brief of State of New Hampshire not accepted for filing. (March 11, 2020 - not type of document to be electronically submitted).

Argued. For petitioner in 17-1618 and respondents in 17-1623: Pamela S. Karlan, Stanford, Cal. For respondent in 17-1618 and petitioners in 17-1623: Jeffrey M. Harris, Arlington, Va.; and Noel J. Francisco, Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) VIDED.

Motion for divided argument filed by petitioners DENIED. VIDED.

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. VIDED.

Reply of petitioner Gerald Lynn Bostock filed. (Distributed)

Reply of respondent Melissa Zarda, et al. (respondents in 17-1623) filed. VIDED. (Distributed)

Record from the U.S.C.A. 11th Circuit is complete and located on PACER.

Brief amici curiae of Religious Freedom Institute's Islam & Religious Freedom Action Team and Islamic Scholars filed. VIDED. (Distributed) (Also in 18-107)

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.

Brief amicus curiae of Ryan T. Anderson filed. VIDED (Distributed) (Also in 18-107)

Brief amicus curiae of W. Burlette Carter filed (in 17-1623). (Distributed)

Brief amici curiae of Council of Christian Colleges & Universities, et al. filed. VIDED. (Distributed) (Also in 18-107)

Brief amicus curiae of United States filed. VIDED. (Distributed)

Brief amici curiae of United States Conference of Catholic Bishops, et al. filed. VIDED. (Distributed)

Brief amici curiae of Business Organizations filed. VIDED. (Distributed) (Also in 18-107)

Brief amicus curiae of Liberty Counsel filed. VIDED. (Distributed)

Brief amici curiae of Members of Congress filed. VIDED. (Distributed) (Also in 18-107)

Brief amici curiae of Public Advocate of the United States, et al. filed. VIDED.(Distributed)

Brief amici curiae of States of Tennessee, et al. filed. VIDED. (Distributed) (Also in 18-107)

Brief amicus curiae of New Civil Liberties Alliance filed. VIDED. (Distributed) (Also in 18-107)

Brief amicus curiae of American Public Philosophy Institute filed. VIDED. (Distributed) (Also in 18-107)

Brief amici curiae of Billy Graham Evangelistic Association, et al. filed. VIDED. (Distributed) (Also in 18-107)

Brief amici curiae of Institute for Faith and Family and Christian Family Coalition filed. VIDED. (Distributed) (Also in 18-107)

Brief amici curiae of National Association of Evangelicals, et al. filed. VIDED. (Distributed) (Also in 18-107)

Brief amici curiae of National Organization for Marriage and Center for Constitutional Jurisprudence filed. VIDED. (Distributed) (Also in 18-107)

Amicus brief of National Association of Evangelicals, et al. not accepted for filing. (August 23, 2019)

Brief amici curiae of Defend My Privacy, et al. filed. VIDED. (Distributed) (Also in 18-107)

Amicus brief of David A. Robinson not accepted for filing. (Duplicate submission)(August 26, 2019)

Brief amicus curiae of Advocates for Faith and Freedom filed. VIDED. (Distributed) (Also in 18-107)

Brief amicus curiae of David A. Robinson filed. VIDED. (Distributed) (Also in 18-107)

Brief amicus curiae of First Liberty Institute filed. VIDED. (Distributed) (Also in 18-107)

Brief amicus curiae of The H.T. Hackney Co. filed. VIDED. (Distributed) (Also in 18-107)

Brief amicus curiae of Marriage Law Foundation filed. VIDED. (Distributed)

Brief of petitioners Altitude Express, Inc., et al. filed (in 17-1623). (Distributed)

Brief of respondent Clayton County, Georgia filed (in 17-1618). (Distributed)

Brief amicus curiae of Foundation for Moral Law filed. VIDED. (Distributed). (Also in 18-107)

Record requested from the U.S.C.A. 11th Circuit.

CIRCULATED

Joint motion of petitioner Bostock and respondents Zarda and Moore for divided argument filed. VIDED.

Statement of Printing Cost of Melissa Zarda et al. (respondents in 17-1623) not accepted for filing. (July 12, 2019). (Document not of the type to be filed electronically)

Brief amici curiae of Statutory Interpretation and Equality Law Scholars filed. VIDED. (Also in 18-107)

Brief amici curiae of Lawyers' Committee for Civil Rights Under Law, the Leadership Conference on Civil and Human Rights, and 57 Civil Rights Organizations filed. VIDED. (Also in 18-107)

Brief amici curiae of GLBTQ Legal Advocates & Defenders, National Center for Lesbian Rights, et al. filed (July 10, 2019). VIDED. (Also in 18-107).

Amicus brief of GLBTQ Legal Advocates & Defenders, National Center for Lesbian Rights, et al. not accepted for filing. (Corrected version submitted).

Brief amicus curiae of Lambda Legal Defense and Education Fund, Inc. filed. VIDED.

Brief amici curiae of Walter Dellinger, et al. filed. VIDED. (Also in 18-107)

Brief amici curiae of Women CEOs and Other C-Suite Executives filed. VIDED. (Also in 18-107)

Brief amici curiae of Service Employees International Union, et al. filed. VIDED. (Also in 18-107)

Brief amici curiae of Members of Congress filed. VIDED. (Also in 18-107)

Brief amici curiae of Georgia Equality filed. VIDED. (Also in 18-107)

Brief amici curiae of Corpus-Linguistics Scholars Professors Brian Slocum, et al. filed. VIDED. (Also in 18-107)

Brief amici curiae of Former Executive Branch Officials and Leaders, et al. filed. VIDED. (also in 18-107)

Brief amici curiae of The Presiding Bishop and President of the House of Deputies of the Episcopal Church, et al. filed. VIDED (Also in 18-107)

Brief amici curiae of Kenneth B. Mehlman et al. filed. VIDED. (Also in 18-107)

Brief amici curiae of American Federation of Labor and Congress of Industrial Organizations filed. VIDED. (Also in 18-107)

Brief amici curiae of National LGBT Bar Association, et al. filed. VIDED. (Also in 18-107)

Brief amici curiae of Local Governments and Mayors filed. VIDED. (Also in 18-107)

Brief amici curiae of Scholars Who Study the LGB Population filed. VIDED.

Brief amici curiae of Muslim Bar Association of New York, et al. filed. VIDED. (Also in 18-107)

Brief amici curiae of The American Medical Association, et al. filed. VIDED. (Also in 18-107)

Brief amici curiae of Business Organizations filed. VIDED. (Also in 18-107)

Brief amici curiae of The Trevor Project, PFLAG, and Family Equality filed. VIDED. (Also in 18-107)

Brief amici curiae of InterACT: Advocates for Intersex Youth, et al. filed. VIDED. (Also in 18-107)

Brief amicus curiae of American Bar Association filed. VIDED. (Also in 18-107)

Brief amici curiae of National Education Association, et al. filed. VIDED. (Also in 18-107).

Brief amici curiae of Historians filed. VIDED. (Also in 18-107).

Brief amici curiae of States of Illinois, New York, et al. filed. VIDED. (Also in 18-107)

Brief amici curiae of Anti-Discrimination Scholars filed. VIDED. (Also in 18-107)

Brief amici curiae of William N. Eskridge Jr. and Andrew M. Koppelman filed. VIDED. (Also in 18-107)

Brief amicus curiae of Altria Group, Inc. filed. VIDED. (Also in 18-107)

Brief amici curiae of Employment Discrimination Law Scholars filed. VIDED. (Also in 18-107)

Brief amici curiae of Philosophy Professors filed. VIDED. (Also in 18-107)

Brief amici curiae of Modern Military Association of America and Transgender American Veterans Association filed. VIDED. (Also in 18-107)

Brief amici curiae of 206 Businesses filed. VIDED. (Also in 18-107).

Brief amicus curiae of Legal Aid Society filed. VIDED. (Also in 18-107)

Brief amici curiae of The Southern Poverty Law Center, et al. filed. VIDED. (Also in 18-107).

Letter to the Clerk Joining Another Amicus Brief of Intel Corporation not accepted for filing. (July 05, 2019)

SET FOR ARGUMENT on Tuesday, October 8, 2019. VIDED

Brief amicus curiae of Karl Olson filed. VIDED.

Brief of respondents Melissa Zarda, et al. filed (in 17-1623).

Brief of petitioner Gerald Lynn Bostock filed.

Joint appendix filed (in 17-1618). (Statement of costs filed)

Joint appendix filed (in 17-1623). (Statement of costs filed)

Blanket Consent filed by Respondent, Clayton County, Georgia.

Letter from counsel for petitioner, respondents in 17-1623, and respondent Aimee Stephens in 18-107, regarding requests for consent to file amicus curiae briefs filed. VIDED.

Blanket Consent filed by Petitioner, Altitude Express, Inc., et al. (petitioners in 17-1623)

Petitioner in No. 17-1618, respondents in No. 17-1623, and respondent Aimee Stephens in No. 18-107 shall file their briefs on the merits, pursuant to Rule 33.1(g)(v), on or before Wednesday, June 26, 2019. Respondent in No. 17-1618, petitioners in No. 17-1623, and petitioner and respondent EEOC in No. 18-107 shall file their briefs on the merits, pursuant to Rule 33.1(g)(vi), on or before Friday, August 16, 2019. Reply briefs, if any, pursuant to Rule 33.1(g)(vii), shall be filed on or before Monday, September 16, 2019. Amicus curiae briefs shall be filed pursuant to Rule 37.3. VIDED.

Briefing proposal from the parties in Nos. 17-1618, 17-1623, and 18-107 filed. VIDED.

Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 17-1618. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 17-1618. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the fling is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”

Petition GRANTED. The petition for writ of certiorari in No. 17-1623 is granted. The cases are consolidated and a total of one hour is allotted for oral argument. VIDED.

DISTRIBUTED for Conference of 4/18/2019.

DISTRIBUTED for Conference of 4/12/2019.

DISTRIBUTED for Conference of 3/29/2019.

DISTRIBUTED for Conference of 3/22/2019.

DISTRIBUTED for Conference of 3/15/2019.

DISTRIBUTED for Conference of 3/1/2019.

DISTRIBUTED for Conference of 2/22/2019.

DISTRIBUTED for Conference of 2/15/2019.

DISTRIBUTED for Conference of 1/18/2019.

DISTRIBUTED for Conference of 1/11/2019.

DISTRIBUTED for Conference of 12/7/2018.

Rescheduled.

Rescheduled.

DISTRIBUTED for Conference of 11/30/2018.

Rescheduled.

DISTRIBUTED for Conference of 9/24/2018.

Reply of petitioner Gerald Lynn Bostock filed.

Brief of respondent Clayton County, Georgia in opposition filed.

Supplemental brief of petitioner Gerald Lynn Bostock filed.

Petition for a writ of certiorari filed. (Response due July 2, 2018)

Parties

Altitude Express, Inc., et al. (petitioners in 17-1623), Petitioner, represented by Saul D. Zabell

Gerald Lynn Bostock, Petitioner, represented by Brian John Sutherland

Clayton County, Georgia, Respondent, represented by Jeffrey Matthew Harris

Clayton County, Georgia, Respondent, represented by Jack R. Hancock

Melissa Zarda, et al. (respondents in 17-1623), Respondent, represented by Gregory Antollino

Amici Curiae

206 Businesses, Amicus Curiae, represented by Todd Steven Anten

Advocates for Faith and Freedom, Amicus Curiae, represented by C. Thomas Ludden

Altria Group, Inc., Amicus Curiae, represented by Lauren Rosenblum Goldman

American Bar Association, Amicus Curiae, represented by Robert M. Carlson

American Federation of Labor and Congress of Industrial Organizations, Amicus Curiae, represented by Matthew James Ginsburg

American Psychological Association, et al., Amicus Curiae, represented by Jessica Ring Amunson

American Public Philosophy Institute, Amicus Curiae, represented by David Robert Upham

Anti-Discrimination Scholars, Amicus Curiae, represented by Mitchell Pearsall Reich

Billy Graham Evangelistic Association, et al., Amicus Curiae, represented by Frederick W. Claybrook Jr.

Business Organizations, Amicus Curiae, represented by Lisa Schiavo Blatt

Corpus-Linguistics Scholars Professors Brian Slocum, et al., Amicus Curiae, represented by Andrew Rhys Davies

Council of Christian Colleges & Universities, et al., Amicus Curiae, represented by Richard Shawn Gunnarson

David A. Robinson, Amicus Curiae, represented by David Alan Robinson

Defend My Privacy, et al., Amicus Curiae, represented by Joel Aaron Ready

Employment Discrimination Law Scholars, Amicus Curiae, represented by Sasha Minh Samberg-Champion

First Liberty Institute, Amicus Curiae, represented by Kelly J. Shackelford

Former Executive Branch Officials and Leaders, et al., Amicus Curiae, represented by Evan Wolfson

Foundation for Moral Law, Amicus Curiae, represented by John Allen Eidsmoe

Georgia Equality, Amicus Curiae, represented by Emmet J Bondurant II

GLBTQ Legal Advocates & Defenders, National Center for Lesbian Rights, et al., Amicus Curiae, represented by Alan Evan Schoenfeld

Historians, Amicus Curiae, represented by Chanakya Arjun Sethi

Impact Fund, et al., Amicus Curiae, represented by Lindsay Polastri Nako

Institute for Faith and Family and Christian Family Coalition, Amicus Curiae, represented by Deborah Dewart

Intel Corporation, Amicus Curiae, represented by Dan L. Bagatell

Interact: Advocates for Intersex Youth, et al., Amicus Curiae, represented by Jonah Moses Knobler

Karl Olson, Amicus Curiae, represented by Janine Marilyn Brookner

Kenneth B. Mehlman et al., Amicus Curiae, represented by Roy T. Englert Jr.

Lambda Legal Defense and Education Fund, Inc., Amicus Curiae, represented by Gregory R. Nevins

Lawyers' Committee for Civil Rights Under Law, the Leadership Conference on Civil and Human Rights, and 57 Civil Rights Organizations, Amicus Curiae, represented by Daniel Adam Rubens

Legal Aid Society, Amicus Curiae, represented by Brian Timothy Burgess

Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ+) Members of the Legal Profession and Law Students, Amicus Curiae, represented by Margaret A. Costello

Liberty Counsel, Amicus Curiae, represented by Mathew D. Staver

Local Governments and Mayors, Amicus Curiae, represented by Danielle Luce Goldstein

Marriage Law Foundation, Amicus Curiae, represented by William C. Duncan

Members of Congress, Amicus Curiae, represented by Peter T. Barbur

Modern Military Association of America and Transgender American Veterans Association, Amicus Curiae, represented by James Leon Moore III

Muslim American Leaders, Amicus Curiae, represented by Talib Ibn Karim

Muslim Bar Association of New York, et al., Amicus Curiae, represented by Adeel Abdullah Mangi

National Association of Evangelicals, et al., Amicus Curiae, represented by Alexander Dushku

National Education Association, American Federation of Teachers, National School Board Association, and AASA, the School Superintendents Association, Amicus Curiae, represented by Jeffrey Alan Lamken

National LGBT Bar Association, et al., Amicus Curiae, represented by Sanford Jay Rosen

National Organization for Marriage and Center for Constitutional Jurisprudence, Amicus Curiae, represented by John C. Eastman

National Women's Law Center, Amicus Curiae, represented by Erica Courtney Lai

New Civil Liberties Alliance, Amicus Curiae, represented by Jonathan F. Mitchell

Philosophy Professors, Amicus Curiae, represented by Lisa Hogan

Public Advocate of the United States, et al., Amicus Curiae, represented by William Jeffrey Olson

Religious Freedom Institute's Islam & Religious Freedom Action Team and Islamic Scholars, Amicus Curiae, represented by Michael K. Whitehead

Scholars Who Study the LGB Population, Amicus Curiae, represented by Jeffrey T. Green

Service Employees International Union, et al., Amicus Curiae, represented by Barbara Jane Chisholm

State of New Hampshire, Amicus Curiae, represented by Laura E. B. Lombardi

States of Illinois, New York, et al., Amicus Curiae, represented by Barbara Dale Underwood

States of Tennessee, Nebraska, Texas, et al., Amicus Curiae, represented by Andree Kahn Blumstein

Statutory Interpretation and Equality Law Scholars, Amicus Curiae, represented by Brianne Jenna Gorod

The American Medical Association, et al., Amicus Curiae, represented by Scott Block Wilkens

The H.T. Hackney Co., Amicus Curiae, represented by Edward Howard Trent

The Presiding Bishop and President of the House of Deputies of the Episcopal Church, et al., Amicus Curiae, represented by Jeffrey S. Trachtman

The Southern Poverty Law Center, et al., Amicus Curiae, represented by Melissa Arbus Sherry

The Trevor Project, PFLAG, and Family Equality, Amicus Curiae, represented by Douglas Charles Dreier

The Women’s and Children’s Advocacy Project, Equal Means Equal, and Allies Reaching for Equality, Amicus Curiae, represented by Wendy J. Murphy

United States, Amicus Curiae, represented by Noel J. Francisco

United States Conference of Catholic Bishops, et al., Amicus Curiae, represented by Anthony Richard Picarello Jr.

Walter Dellinger, et al., Amicus Curiae, represented by Joshua Adam Matz

W. Burlette Carter, Amicus Curiae, represented by Willieta Burlette Carter

William N. Eskridge Jr. and Andrew M. Koppelman, Amicus Curiae, represented by William N. Eskridge Jr.

Wisconsin Advcocacy Organizations, Amicus Curiae, represented by Jeffrey Allen McIntyre

Women CEOs and Other C-Suite Executives, Amicus Curiae, represented by Suzanne Beth Goldberg

 
Last updated: April 28, 2024